eBounties Terms of Service

eBounties Inc. (“eBounties”, “we”, “us” and terms of similar meaning) provides this web site (this site and any applications or other software provided by eBounties, for use with the site or otherwise, the “Site”) to you subject to these terms of service (these “Terms”). In these Terms we describe users of the Site, whether registered or not, as “Users”.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO USE THE SITE. IF YOU ARE UNDER THE AGE OF 18, PLEASE CLOSE THIS PAGE AND DO NOT ACCESS THE SITE.

eBounties reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your user account (“User Account”) with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address below.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1. Privacy Policy

Please refer to eBounties’ privacy policy, available at http://www.ebounties.com/privacy (the “Privacy Policy”) for information on how eBounties collects, uses and discloses personally identifiable information from Users of the Site, and which is expressly incorporated into these Terms. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; User Account Security

If you register for a User Account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your User Account. In the event that you forget your login information and wish to retrieve it, you will be directed to a password recovery page where you will be asked for the email address associated with the User Account. If the email address is valid, a key will be emailed to the email User Account which may be clicked on to restore or reset the User Account password.

3. eBounties Service

The eBounties Service (the “Service”) is a service offered by eBounties that helps match bounty posters (“Bounty Posters”) seeking to obtain specific goods or services in exchange for bounty (“Bounty”) and/or bonuses (“Bonuses”) with finders (“Finders”) who recommend prospective providers of goods and services (“Prospects”) who fulfill the criteria sought by Bounty Posters through the Site; the definition of Prospect in these Terms shall include Users who recommend themselves as the Prospect able to provide the goods criteria sought by the Bounty Posters.

To participate in the Service as a Bounty Poster or Finder, a user must hold a User Account. Only individual humans are eligible to hold a User Account account (for example, corporate entities may not create a User Account.) A User Account can be obtained at no charge by registration on the Site at http://ebounties.herokuapp.com/user/sign_in. A holder of a User Account is referred to herein as an “Account Holder”. User Accounts are granted in eBounties’ sole discretion, and may be withdrawn in eBounties’ sole discretion with or without notification.

By accessing, using, or registering for a User Account, you agree to be bound by these Terms, as if you had actually signed them. If you do not agree to the terms and conditions set forth below, you may not use the Service.

a. Finders

A Finder may view the Bounties posted through the Site and recommend Prospects whom the Finder believes are suitable candidates for each position by supplying eBounties with publicly available information about the Prospect (collectively, “Prospect Information”). Such Prospect Information is used to create a profile for the Prospect (“Prospect Profile”). A Finder may recommend himself or herself as a Prospect.

A Finder may only supply eBounties with information regarding a Prospect if such information is publicly available (for example, business information available on a business’s official website, or a person’s name, email address and job history if available on a public profile with a social networking service). In the event that a Finder supplies eBounties with information regarding a Prospect that is not publicly available, the Finder must first obtain the written consent of the Prospect to release the information to eBounties. A Finder must not provide information with respect to a Prospect that is not publicly available unless the Finder first obtains the informed, written consent of the Prospect to provide the information to eBounties. A Finder must not use false identities, provide inaccurate information, impersonate any other person, or use a name that the Finder is not authorized to use.

As a Finder, when you recommend a Prospect through the Site, you must in good faith believe that the Prospect meets all of the mandatory criteria supplied by the Bounty Poster on the Site. You must in good faith attempt to provide as much information as is necessary for the Bounty Poster to determine whether the Prospect recommended by the Finder meets all of the Bounty Poster’s mandatory criteria and supplemental criteria.

As a Finder, if a Bounty Poster enters into a contract for the provision of goods or services with a Prospect you recommended via the Site, you may be entitled to a portion of the Bounty and/or Bonuses, less fees of up to 10% of the Bounty and/or Bonuses charged by eBounties, and less any fees charged by PayPal in connection with the payment. For more information on receiving a portion of a Bounty or Bonus, please see "Payment to Finders for Successful Connections", below.

b. Bounty Posters

A Bounty Poster may make postings on the Site that specify what goods or services the Bounty Poster is looking for, how much the Bounty Poster is willing to pay for those goods or services, and the event upon which the Bounty Poster will pay out, as well as any mandatory criteria, bonus criteria and other relevant information.

As a Bounty Poster, you must in good faith attempt to make the criteria as complete and accurate as is necessary in order for Finders to determine whether a Prospect fits the criteria. By posting a Bounty on the Site, you agree to pay the full Bounty with respect to any Prospect that fulfills the criteria you have specified.

As a Bounty Poster, before your Bounty is made available on the Site, and as a condition of posting a Bounty on the Site, you must pre-approve the amount of the Bounty (and any Bonuses) using PayPal. This is to ensure that you have the funds available for payment; however, no money is actually transferred at this point. Once PayPal confirms to eBounties that PayPal has pre-approved the amount of the Bounty and any bonuses, your Bounty will be posted on the Site.

As a Bounty Poster, the percentage of Bounties you pay out is displayed publicly and will affect the number of finds you receive. It is a good practice to pay out at least one find per Bounty that you post. You must close postings that are no longer relevant to you.

4. Payment to Finders for Successful Connections

If a Finder recommends a Prospect for a specific posting by a Bounty Poster via the Site, and such Prospect enters into a contract with that Bounty Poster to provide goods or services, as noted above, the Finder may be entitled to payment of a portion of the Bounty, less fees of up to 10% of the Bounty and/or Bonuses charged by eBounties, and less any fees charged by PayPal when the Finder uses PayPal to receive payment. The portion of the Bounty and Bonuses, if any, to which the Finder is entitled will depend on a variety of factors, including but not limited to how many Finders recommended the Prospect to provide the particular goods or services for the particular Bounty Poster. Please note that there is no guarantee that a Finder will either be entitled to or receive a Bounty or Bonus, and any payment due to a Finder hereunder is conditioned upon eBounties’ receipt of payment from the Bounty Poster for the Prospect the Finder recommended.

If you are entitled to payment of a Bounty or Bonus, you may be required to provide certain financial information and personal information, including but not limited to your mailing address, to eBounties so that eBounties can pay you your Bounty or Bonus. You agree to provide accurate, current and complete financial information and to update such information to keep it accurate, current and complete. Any Bounty or Bonus owed to you will be paid in United States dollars. You agree to any fees charged by PayPal in connection with delivery of payment.

5. Refund Policy

All payments made through the Site are final. eBounties will not refund payments made through the Site under any circumstances. Responsibility for refunds, including but not limited to refunds of lost, damaged, or unsatisfactory merchandise, refunds of shipping and handling costs, or refunds on account of untimely or incomplete provision of goods or services, is governed by the terms of the contract, if any, between the Finder, Prospect and/or Bounty Poster.

It is the sole responsibility of the Bounty Poster to ensure that the Bounty Poster is satisfied that the goods or services contracted for, as well as the method and terms of delivery are satisfactory before payment is made.

7. Your Relationship with eBounties

eBounties acts only as a service that facilitates the sharing of information among Finders, Prospects and Bounty Posters. There is no guarantee that eBounties can match Prospects with Bounty Posters. eBounties does not represent or warrant that any information obtained via the Site is accurate, error free or that it is up to date. eBounties does not endorse, recommend, or guarantee any Bounty Poster or Bounty Poster's willingness or ability to contract for goods or services via the Site, and nothing will be considered an endorsement, recommendation, warranty or guarantee of the foregoing by eBounties. eBounties has no control over content posted by Bounty Posters, the quality, safety or legality of any Prospect Information or Bounty Poster information posted, the truth or accuracy of any such information, and/or the ability of Bounty Posters to offer Bounties or Bonuses to Prospects or the ability of Prospects to meet the criteria desired by Bounty Posters. In addition, eBounties makes no representations about any goods, services, Prospect Information or other information on the Site. eBounties will not be held responsible, and disclaims all responsibility, for any Bounty Poster listings or Finder or Prospect Information shared via the Site that fails to comply with applicable laws or regulations.

Responsibility for shipping and handling costs associated with the delivery of any merchandise purchased in association with the Site, as well as responsibility for any lost, damaged or unsatisfactory merchandise, is governed by the terms of the contract, if any, between Finders, Prospects and Bounty Posters, and eBounties disclaims all responsibility for shipping and handling costs, as well as for any lost, damaged or unsatisfactory merchandise.

8. Your Relationship with Bounty Posters and Other Users

Your contractual rights regarding your relationship with Bounty Posters are governed by any contract you enter with the relevant Bounty Poster, if any. You are solely responsible for your interactions with Bounty Posters and other Users and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to Bounty Posters, other Users and eBounties. You agree to take reasonable precautions in all interactions with Bounty Posters and other Users, particularly if you decide to meet with a Bounty Poster or other User in person. Your use of the Site is at your sole risk and discretion and eBounties hereby disclaims any and all liability to you or any third party relating thereto.

eBounties is not responsible, and disclaims all responsibility, for the use or exchange of any information, services or files among eBounties Users, including but not limited to Bounty Posters, Finders and Prospects. Further, eBounties does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users including without limitation, any information contained in Bounty Poster listings or any Prospect Information, Profiles, User feedback, or any information made available through the Site that is provided by Users. eBounties assumes no responsibility for monitoring any User feedback or otherwise policing its users in any way.

9. No Assignment or Transfer of Terms

You may not assign or transfer these Terms, by operation of law or otherwise, without eBounties’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. eBounties may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

10. Further Terms

You acknowledge and agree that eBounties may modify the Terms as described herein, with or without notice, and you agree to familiarize yourself with any modifications. Modifications to the Terms will be available on the Site at http://www.ebounties.com/terms.

The Service is VOID WHERE PROHIBITED BY LAW. A User Account Holder may maintain only one User Account.

If in eBounties’ sole opinion, an Account Holder abuses any of the Service’s privileges, fails to follow any of its terms and conditions, or makes any misrepresentation to eBounties, eBounties may, in its sole discretion, suspend or block any pending payment of Bounty or Bonuses, and revoke the Account Holder’s User Account, with or without notification.

eBounties may, in its sole discretion, restrict, suspend, amend, extend or otherwise alter the Service or certain aspects of the Service, with or without notice.

Where notice is given pursuant to any section of these terms and conditions, it will be via email to the email address associated with the Account Holder’s User Account.

eBounties will not be liable or responsible in any manner for any tax consequences which may flow from participation in the Service. Account Holders will be solely responsible for the reporting of any income tax benefit and the payment of any taxes.

An Account Holder may terminate the Account Holder’s User Account at any time through the link at http://ebounties-dev.herokuapp.com/my/profile/edit. eBounties reserves the right to retain User Account information, including personal information of the Account Holder, for a reasonable period of time before deleting such information.

In the event that eBounties has a reasonable belief that a User Account has been compromised or used to commit fraud, crimes or abuse of the Service, eBounties reserves the right to suspend or block any pending payment of Bounties or Bonuses, and to disable or terminate that User Account, and eBounties reserves the right to take appropriate administrative and/or legal action.

By registering in the Service, each Account Holder agrees that eBounties and each of eBounties’ respective agents, representatives, parent companies, affiliates, subsidiaries, and legal advisors, and each of its respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, misdirected or otherwise, mail, packages, or other correspondence; (ii) any condition caused by events beyond the control of eBounties that may cause the Service to be disrupted or otherwise; (iii) any printing, human, typographical or other errors or ambiguities in (or involving) any online or printed materials associated with the Service; and (iv) any and all losses, damages, rights, claims, and action of any kind in connection with or resulting from registering, enrolling, or participating in the Service.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Service, or the rights and obligations of any Account Holder in connection with the Service, shall be governed by, and construed pursuant to the sole discretion of eBounties.

11. Fees; Charges; Taxes

At present we do not charge any fees or other charges for the use of the Site alone. Payment of any Bounty or Bonus to a Finder is subject to a fee of up to 10% of the Bounty or Bonus charged by eBounties, and to any fees charged by PayPal in connection with the payment.

12. Ownership, Copyright and Trademarks

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to eBounties all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site pursuant to these Terms. While you retain all of your ownership rights in your User Content, by submitting User Content to the Site, you hereby grant eBounties a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and eBounties' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site or the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of eBounties or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by eBounties.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site. By accepting or allowing you to provide User Content to the Site, we are not obligated to use, display or make available to the public User Content, and we reserve the right not to do so for any reason in our sole discretion.

13. Our Limited License of Content to You

eBounties grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by eBounties at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact eBounties at the address set out at the bottom of these Terms.

14. Use of the Site

The Site may contain areas accessible to the public or registered Users in which you or third parties may post photographs or other content, messages, materials or other items (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any area of the Site accessible to other Users will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

Content that, in the sole judgment of eBounties, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose eBounties or its affiliates or its Users to any harm or liability of any type.

You also may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

15. Links to Other Sites

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. eBounties does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. eBounties provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply eBounties’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. eBounties accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

16. Advertisements and Promotions

eBounties may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than eBounties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. eBounties is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

17. Warranty Disclaimer

The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from eBounties of any kind, either express or implied. eBounties expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. eBounties does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

While eBounties attempts to make your access to and use of the Site safe, eBounties does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

18. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against eBounties, its respective affiliates or subsidiaries, sponsors, contractors, advertisers, vendors or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content or participation in the Service, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither eBounties nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from eBounties or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to eBounties or any other Released Party's records, programs or services.

In no event shall the aggregate liability of eBounties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless eBounties and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your User Account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

19. Communications

Notices that we give you may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Subject to the Privacy Policy, if you send to eBounties or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that eBounties can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

20. Applicable Law and Venue

The Site is controlled by eBounties and operated by it from its offices in Toronto, Ontario. You and eBounties both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and eBounties explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Content or use of the Service; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against eBounties related to any Claim and, where applicable, you also agree to opt out of any class proceedings against eBounties. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify eBounties and the other Released Parties for your failure to comply with any such laws.

21. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, eBounties reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.

22. Termination of Agreement

You and eBounties may terminate these Terms and your use of the Site at any time. When your eBounties User Account is terminated, any images or videos you have uploaded to the Site may remain on the Site. The license you grant to us in Section 12 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 1 through 23, and any representation or warranty you make in these Terms, shall also survive indefinitely.

23. Electronic Contracting and Notice

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to the Terms of Use and your consent to enter into agreements with us electronically.

24. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. eBounties may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of eBounties, and any such attempted assignment will be void and unenforceable. These Terms, and the Privacy Policy and PayPal Acceptable Use Policy expressly incorporated within, constitute the entire agreement between you and eBounties regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and eBounties regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.